Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4426 (2026)

Sentencing

✓ current as of May 2026
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A. The victim may present evidence, information and opinions that concern the criminal offense, the defendant, the sentence or the need for restitution at any aggravation, mitigation, presentencing or sentencing proceeding.

B. At any disposition proceeding the victim has the right to be present and to address the court.  

Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1995–2026 · leading case: State v. Dann, 207 P.3d 604 (Ariz. 2009).
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State v. Dann, 207 P.3d 604 (Ariz. 2009). · cites it 2× “R (granting a victim the right to be heard at the penalty phase); AR.S. § 13-4426 (2001) (allowing the victim to address the sentencing authority and present any information or opinions that concern the victim or the victim’s family).”
State v. Carreon, 107 P.3d 900 (Ariz. 2005). · cites it 2× “R (stating that a victim has the right to present information at the penalty phase); A.R.S. § 13-4426 (2001) (stating that the victim may address the sentencing authority and present any information or opinions that concern the victim or the victim’s family).”
State of Arizona v. Edward James Rose, 297 P.3d 906 (Ariz. 2013). · cites it 2× “” Thus, under the statute and rule, a victim’s survivors may present information in the penalty phase about the victim and discuss the impact of the murder on them.”
Lynn v. Reinstein, 68 P.3d 412 (Ariz. 2003). · cites it 2× “1(A)(4); see also A.R.S. § 13-4426(A), (B) (2001) (affording victims the right to “address the court” regarding “opinions that concern .”
Lindsay R. v. Cohen, 343 P.3d 435 (Ariz. Ct. App. 2015). · cites it 4× “sentencing proceeding,” A.R.S. § 13-4426 (emphasis added); see also AR.”
State Ex Rel. Thomas v. Foreman, 118 P.3d 1117 (Ariz. Ct. App. 2005). · cites it 4× “The right is further implemented by A.R.S. § 13-4426, which states: A. The victim may present evidence, information and opinions that concern the criminal offense, the defendant, the sentence or the need for restitution at any aggravation, mitigation, presentencing or sentencing…”
State v. Lamberton, 899 P.2d 939 (Ariz. 1995). “Specifically, the Victim cites § 13-4418, which states that the Act “shall be liberally construed to preserve and protect the rights to which victims are entitled”; § 13-4426, which states that the Victim has the right to be heard at any sentencing proceeding; § 13-4428, which…”
J v. v. Hon blair/morris, 536 P.3d 1223 (Ariz. Ct. App. 2023). · cites it 2× “1(A)4; A.R.S. § 13-4426. ¶28 J.V.’s reliance on State v.”
State v. Puga, 564 P.3d 631 (Ariz. Ct. App. 2025). “¶40 Section 13-4426(A) affirmatively allows the victim of the crime charged to speak at sentencing.”
State v. Baca (Ariz. Ct. App. 2015). · cites it 9× “A victim also has the statutory right to “present evidence, information and opinions” concerning the sentence at a sentencing proceeding, A.R.S. § 13-4426(A), and to submit oral or written impact statements to a defendant’s probation officer for the officer’s use in preparing a…”
State of Arizona v. Hon. cooper/bassett (Ariz. 2023). · cites it 2× “” ¶9 Tapia’s mother submitted a victim’s sentencing memorandum, pursuant to A.R.S. § 13-4426 and Arizona Rule of Criminal Procedure 39(c).”
State v. Mayo (Ariz. Ct. App. 2026). · cites it 2× “1(A)(4); A.R.S. § 13-4426. “[T]he State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual…”
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— Ariz. Rev. Stat. § 13-4426(A) — 3 cases
Lynn v. Reinstein, 68 P.3d 412 (Ariz. 2003). “1(A)(4); see also A.R.S. § 13-4426(A), (B) (2001) (affording victims the right to “address the court” regarding “opinions that concern .”
State v. Puga, 564 P.3d 631 (Ariz. Ct. App. 2025). “¶40 Section 13-4426(A) affirmatively allows the victim of the crime charged to speak at sentencing.”
State v. Baca (Ariz. Ct. App. 2015). “A victim also has the statutory right to “present evidence, information and opinions” concerning the sentence at a sentencing proceeding, A.R.S. § 13-4426(A), and to submit oral or written impact statements to a defendant’s probation officer for the officer’s use in preparing a…”
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